Justice Jyoti Singh said owing to long and continuous use of Calpol trademark, consumers in India associate it with GSK only. “I am of the considered view, that trademark Calpol satisfies criteria and parameters set out in Sections 11(6) and (7) of the Trademark Act 1999 Act for declaring it a well-known trademark for medicinal and pharmaceutical products,” she said.
The court said GSK’s “long-standing reputation and extensive, continuous and uninterrupted use of the mark Calpol across India reflects its significant commercial presence and recognition and is testament of its distinctiveness in the field of medicine and pharmaceutical products, both for adults and children”, adding that the pharma firm has achieved several milestones over the years in the form of awards and accolades.